13 Mar 2024
A v. B AND OTHERS
- Citation
- [2024] HKCFI 751
- Court
- Court of First Instance
- Case number
- HCCT26/2023
The enforcement order was set aside because the arbitrator failed to give adequate reasons on central disputed issues (governing law, reasonableness and territorial/duration scope of the non‑compete covenant, and the effective date of termination). That failure breached the parties' agreed arbitral procedure (Article 33/Paragraph 5 requirement to give reasons), undermined the fairness and structural integrity of the arbitral process, and made enforcement contrary to public policy, warranting refusal of recognition and enforcement and setting aside of the Enforcement Order.